Twisters was a great summer movie. It had action, the hint of romance, subtle nods to original, questionable science and Glen Powell in a cowboy hat. What more can you ask for?...more
Real World Impact: Making good on her promise to make a ruling on the FTC Noncompete Rule on or before August 30, 2024, United States District Judge Ada Brown granted a motion for summary judgment that sets aside the FTC...more
8/21/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Non-Compete Agreements ,
Restrictive Covenants ,
Summary Judgment
The Federal Trade Commission (FTC) issued an extremely broad Final Rule banning most non-competes. As expected, there have been multiple court challenges to the Final Rule, but, to date, no court has issued a nationwide...more
8/13/2024
/ Competition ,
Confidential Information ,
Employer Liability Issues ,
Employment Contract ,
Federal Trade Commission (FTC) ,
Final Rules ,
Hiring & Firing ,
Injunctive Relief ,
Intellectual Property Protection ,
Motion To Enjoin ,
Non-Compete Agreements ,
Restrictive Covenants
Real World Impact: The recent decision by a Texas federal district court judge enjoining the Federal Trade Commission (FTC) from implementing its regulation banning most noncompetes provides relief for the parties in that...more
Baby Reindeer on Netflix is the dark, fictionalized account of how one man’s stalker forever changed his life. It tells the story of a struggling London comedian, Donny Dunn, who meets a woman, named Martha, in a pub where he...more
6/12/2024
/ Anti-Discrimination Policies ,
Best Practices ,
Domestic Violence ,
Employee Benefits ,
Employee Privacy Rights ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Reasonable Accommodation ,
Sexual Assault ,
Stalking
As we recently reported, the Federal Trade Commission (FTC) issued its long-awaited final rule on April 23, 2024, banning virtually all noncompetition agreements between employers and workers. Lawsuits challenging the final...more
5/8/2024
/ Competition ,
Confidential Information ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Federal v State Law Application ,
Final Rules ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
New York ,
Non-Compete Agreements ,
Restrictive Covenants ,
State Labor Laws
On April 23, 2024, the Federal Trade Commission (FTC) issued its long-awaited final rule, banning virtually all noncompetition agreements between employers and workers. Just as the ink dried, the first lawsuit (of several...more
4/24/2024
/ Competition ,
Confidential Information ,
Contract Terms ,
Employer Liability Issues ,
Employment Contract ,
Federal Labor Laws ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Intellectual Property Protection ,
Labor Reform ,
Non-Compete Agreements ,
Restrictive Covenants
The character of Maya Lopez (a/k/a Echo) was first introduced in the Marvel Cinematic Universe in Hawkeye as the leader of the Track Suit Mafia, the crime syndicate run by Wilson Fisk. After Maya learns her father was killed...more
Executive Summary: The unprecedented increase in antisemitism in the workplace may subject employers to liability under federal and state laws prohibiting discrimination on the basis of religion, race, national origin and...more
Recently, one of my favorite artists, Lizzo, made headlines when three of her backup dancers filed a lawsuit in Los Angeles Superior Court against her, her tour company (Big Grrrl Big Touring Inc.), and her dance team...more
Hate takes on many forms. Hate against Jewish people, known as Antisemitism, continues to skyrocket. The Anti-Defamation League reported a 36% increase in antisemitic events from 2021 to 2022, and FBI statistics show that 63%...more
Vanderpump Rules chronicles the life and times of the extremely attractive employees at former Real Housewife Lisa Vanderpump’s highly successful restaurants throughout greater Los Angeles. Bravo fans were shocked when...more
It is no secret that antisemitism is on the rise throughout the United States. The Anti-Defamation League’s (ADL’s) 2021 Survey on Jewish Americans’ Experience with Antisemitism found that in the last five years, 63 percent...more
12/8/2022
/ Defamation ,
Diversity ,
Employee Misconduct ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Race Relations ,
Workplace Harassment Guidance ,
Workplace Safety ,
Workplace Violence
Executive Summary: As Hurricane Ian bears down on Florida, the approaching storm serves as a reminder that employers should be prepared to address storm-related issues if they are required to close their businesses and as...more
9/28/2022
/ Compensation & Benefits ,
Employees ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Hurricane Season ,
Natural Disasters ,
OSHA ,
Severe Weather ,
Wage and Hour ,
Workplace Safety
Executive Summary: In a recent case, the Texas Supreme Court upheld the validity of an arbitration clause in a case that had been in litigation for over nine years without the claim ever being heard. See In re Whataburger...more
8/30/2022
/ Arbitration ,
Arbitration Agreements ,
Binding Arbitration ,
Corporate Counsel ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Illusory Contracts ,
TX Supreme Court ,
Workplace Injury
In a 6-3 per curiam decision, the United States Supreme Court has halted the Biden Administration’s vaccine mandate for large employers. The Court stayed the Occupational Safety and Health Administration’s Emergency Testing...more
1/14/2022
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Lack of Authority ,
National Federation of Independent Business v Department of Labor and OSHA ,
OSHA ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Late Friday, December 17, 2021, the 6th U.S. Circuit Court of Appeals granted the government’s motion to lift the stay on the OSHA COVID-19 mandate imposed by the Fifth Circuit on November 6, 2021....more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The Fifth Circuit has found that the nationwide injunction of the CMS vaccine mandate issued by the Western District of Louisiana should be narrowed to apply only to the 14 states involved in the Louisiana lawsuit. This comes...more
12/16/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Health Care Providers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 30, 2021, a federal district court in Louisiana issued a nationwide injunction enjoining the implementation of the CMS mandate imposing COVID-19 vaccination requirements on covered healthcare providers. ...more
12/1/2021
/ Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Healthcare Facilities ,
Healthcare Workers ,
Infectious Diseases ,
Motion To Enjoin ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
The highly anticipated OSHA Emergency Temporary Standard (ETS) COVD-19 rule for private-sector workers was announced this week. This ETS impacts approximately 84 million workers nationwide. ...more
11/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Public Health Emergency ,
Vaccinations ,
Virus Testing ,
Workplace Safety
Executive Summary -
Over 600 new laws went into effect on September 1, 2021 in Texas. Importantly, three (Senate Bill No. 45, Senate Bill No. 282, the House Bill No. 21) drastically modified the well-established,...more
As the approvals of the COVID-19 vaccines are being announced, employers are faced with many questions about how to handle vaccine-related issues in the workplace....more
12/18/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On September 11, 2020, the U.S. Department of Labor (DOL) announced a new temporary rule revising the DOL’s regulations on the Families First Coronavirus Response Act (FFCRA). This announcement follows the August 3, 2020...more
As the 2020-21 school year starts accross the US, businesses have been eagerly awaiting school reopening plans in an effort to understand the impact virtual learning and in-person options will have on their business. As...more
8/21/2020
/ Best Practices ,
Child Care ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Paid Leave ,
Re-Opening Guidelines ,
Remote Learning ,
Return-to-Work Agreements ,
School Closures ,
Webinars
As the “Reopening of America” begins, many employers will be faced with implementing the paid leaves provided by the Families First Coronavirus Response Act (FFCRA) which went into effect April 1, 2020, and will continue...more